Montana 2023 Regular Session

Montana House Bill HB885

Introduced
3/22/23  

Caption

Revise public land access agreement laws

Impact

One of the key impacts of HB 885 is its amendment to Section 87-1-295 of the Montana Code Annotated (MCA), which introduces a structured objection process for state land leaseholders. Leaseholders who find that their exclusive rights are endangered by newly proposed agreements can file objections, which will be reviewed by the private land/public wildlife advisory committee. This inclusion reflects a balance between facilitating public access and recognizing the rights of existing leaseholders, which may be crucial for future negotiations and land management practices.

Summary

House Bill 885 aims to revise the laws regarding public land access agreements in Montana. The bill outlines specific criteria under which landowners can grant access to public lands via a public access land agreement. Importantly, it limits such agreements only to landowners providing access to public lands that they either lease or own without existing leaseholders. This revision serves to streamline the application process and ensure clarity in the regulations surrounding public access while also maintaining certain compensation structures for landowners.

Conclusion

Overall, HB 885 represents a significant legislative effort to refine the relationship between landowners and the state with respect to public land access. By establishing a clear framework for negotiations and objections, the bill seeks to both protect landowners' rights and enhance public access in a manner that is equitable and sustainable.

Contention

Notable points of contention likely revolve around the application fees introduced by the bill, including a $5 application fee for landowners seeking to initiate a public access land agreement and a $100 filing fee for leaseholders wishing to contest such agreements. These fees may raise concerns regarding the administration of public access agreements, particularly among smaller landowners who may view additional costs as burdensome. Moreover, opponents may argue that the new objection process could complicate and slow down the granting of access agreements, potentially undermining efforts to enhance public access to recreational lands.

Companion Bills

No companion bills found.

Previously Filed As

MT HB438

Revise public access agreement laws

MT SB408

Revise public access laws related to tax credits and incentives

MT HB596

Revise elk hunting access agreement licenses

MT HB635

Revise laws related to nonresident hunting and fishing

MT HB521

Revising laws related to conservation licenses on state lands

MT HB621

Revise land access laws for hunting and fishing

MT SB83

Revise law to recognize commission authority to regulate public use of private property under access agreements

MT HB907

Generally revise fish and game laws

MT HB763

Generally revise laws related to the block management program

MT HB483

Generally revise land survey laws

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